Givens v. W. J. Gilmore Drug Co.

Opinion by

Mr. Justice Barnes,

Plaintiff was a tenant of the defendant corporation under a month to month lease of a property in McKees Bocks, Allegheny County, in which plaintiff both resided and carried on the business of a drug store. On July 6, 1933, defendant levied a distress on plaintiff’s goods for rent unpaid in the alleged sum of $2,625. After appraisement, the merchandise and fixtures from the drug store were sold to defendant at a constable’s sale, for the sum of $600. Thereupon plaintiff brought this action of trespass for wrongful distress. It was admitted at trial that plaintiff…